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1994 Supreme(HP) 64

DEVINDER GUPTA
OM PARKASH – Appellant
Versus
SOM RAJ – Respondent


Advocates Appeared:
For the appellant(s) :Mr. Naresh Sood for Mr. K. D. Sood, counsel for the appellants. For the respondents):Mr. G. D. Verma, Advocate.

JUDGMENT

Devinder Gupta, J.—Plaintiffs have come up in appeal against the judgment and decree passed on 26th July, 1989 by Additional District Judge (II), Kangra at Dharamsala, allowing the defendants appeal and dismissing the plaintiffs suit, thereby reversing the judgment and decree passed on 5th April, 1986, by Sub-Judge First Class, Dehra. by which the suit of the plaintiffs had been decreed. The appeal was admitted on the following questions of law:

1. Whether the gift deed executed by Chinti by a registered gift deed completed the gift and became binding on Smt. Chinti and the defendant?

2. Whether the gift could not be complete unless it was coupled with delivery of possession though it was executed and registered by the donee?

3. Whether the defendant could set up the plea of adverse possession, when the title was claimed on the basis of Will of Chinti?

2. Decree for declaration as regards their title and regarding entries in the revenue record was claimed by the plaintiffs with consequential relief of injunction and in the alternative for possession. Foundation for the claim was laid by alleging that Chinti owned and possessed the suit property, who on 21st April, 1949, gifted


































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